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(영문) 서울중앙지방법원 2017.02.15 2016고단9483

여신전문금융업법위반

Text

Defendant

A shall be punished by a fine of 4 million won and by imprisonment of 6 months with prison labor for Defendant B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to one year of imprisonment for a crime of fraud at the Seoul Central District Court on November 28, 2014, and the said judgment was finalized on February 12, 2015. On August 19, 2015, Defendant A was sentenced to two years of suspended execution in August 17, 2016, and the said judgment became final and conclusive on June 17, 2016, upon being sentenced to one year and six months of imprisonment for a crime of fraud at the Seoul Central District Court on November 3, 2015. < Amended by Act No. 14273, May 26, 2016>

[Criminal facts]

1. No defendant A credit card merchant shall conduct a transaction by credit cards in the name of another credit card merchant;

Nevertheless, the Defendant, on May 31, 201, settled the medical expenses of KRW 143,097,100 in total over 195 times in the name of another credit card merchant, as shown in the list of crimes in attached Form 195, with the aim of settling the subscription fees that were not paid from around December 31, 201 to around December 31, 201, and traded by credit card using the name of another credit card merchant.

2. No one may engage in financial transactions under the real name of another person for the purpose of concealing illegal property, money laundering, financing for public intimidation, evading compulsory execution, or any other evasion of law.

Nevertheless, when the bank account in the name of the defendant was seized between January 1, 2015 and July 16, 2015, the defendant operated 123,313,769 won in total of the patient's own shares paid in cash for the purpose of using the bank account in cash to creditors without being seized.

The Korea Bank Account (H) was deposited in the F and the nurse bank account of G. G.

Accordingly, in order to escape compulsory execution, the defendant concealed property by making a financial transaction under the real name of another person.

Summary of Evidence

1. Defendants’ respective legal statements

1. Detailed statement on payment on behalf of a credit card terminal, G financial transaction details, I financial transaction details;

1. Previouss before ruling: A/Written inquiry, such as criminal history;